Hernandez v. Contra Costa

Filing 45

STIPULATION AND ORDER re 43 . STIPULATION WITH PROPOSED ORDER DISMISSING DEFENDANT COUNTY OF CONTRA COSTA filed by Contra Costa. Contra Costa terminated. Motions terminated: 33 MOTION to Dismiss NOTICE OF MOTION AND MOTIO N TO DISMISS SECOND AMENDED COMPLAINT BY DEFENDANT COUNTY OF CONTRA COSTA; MEMORANDUM OF POINTS AN D AUTHORITIES filed by Contra Costa, 43 STIPULATION WITH PROPOSED ORDER DISMISSING DEFENDANT COUNTY OF CONTRA COSTA filed by Contra Costa. Signed by Magistrate Judge Kandis A. Westmore on 10/3/18. (sisS, COURT STAFF) (Filed on 10/3/2018)

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SHARON L. ANDERSON (SBN 94814)
County Counsel
DYLAN RADKE (SBN 207757)
Deputy County Counsel
COUNTY OF CONTRA COSTA
651 Pine Street, Ninth Floor
Martinez, California 94553
Telephone: [phone] / Facsimile: [phone]
Electronic Mail: [e-mail]
Attorneys for Defendant
COUNTY OF CONTRA COSTA

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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FELIPE HERNANDEZ, an individual,

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Plaintiff,
v.

No. C18-00267 KAW
STIPULATION AND [PROPOSED]
ORDER DISMISSING DEFENDANT
COUNTY OF CONTRA COSTA

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COUNTY OF CONTRA COSTA, a
municipal corporation; MICHAEL
PROCTOR, individually and in his capacity
as a Deputy for the Contra Costa County
Sheriff’s Department; MICHAEL
McGARY, individually and in his capacity
as a Sergeant for the Contra Costa County
Sheriff’s Department; N. ANDREWS,
individually and in his capacity as a Deputy
for the Contra Costa County Sheriff’s
Department; FNU ZARAGOSA,
individually and in his capacity as a Deputy
for the Contra Costa County Sheriff’s
Department; B. HUGHES, individually and
in his capacity as a Deputy for the Contra
Costa County Sheriff’s Department; B.
BATTLES, individually and in his capacity
as a Deputy for the Contra Costa County
Sheriff’s Department; and DOES 1-50,
inclusive,

Crtrm: 4, 3rd Floor
Judge: Hon. Kandis A. Westmore, Presiding
Date Action Filed: January 11, 2018
Trial Date: None Assigned

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Defendants.

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Stipulation and [Proposed] Order Dismissing Defendant County of Contra Costa Case No. C18-00267 KAW

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STIPULATION

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Defendant County of Contra Costa ("County") and plaintiff Felipe Hernandez

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(“Plaintiff”) hereby stipulate as follows:
1.

That all claims alleged in this lawsuit against the County be dismissed and that the

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County be dismissed as a party from this case; and
2.

Each side is to bear their own fees and costs.

DATED: October 3, 2018

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SHARON L. ANDERSON
COUNTY COUNSEL

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By:

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DATED: October 3, 2018

/s/ Dylan Radke
DYLAN RADKE
Deputy County Counsel
Attorneys for Defendant
COUNTY OF CONTRA COSTA

LAW OFFICES OF JOHN L. BURRIS

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By:

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/s/ James Cook
JAMES COOK, ESQ.
Attorneys for Plaintiff

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ATTORNEY ATTESTATION
I hereby attest that I have authorization from all of the above-named counsel to E-file
this stipulation and this authority is reflected by the conformed signature (“/s/”) within this Efiled document.

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DATE: October 3, 2018

By:

/s/ Dylan Radke
Deputy County Counsel

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Stipulation and [Proposed] Order Dismissing Defendant County of Contra Costa Case No. C18-00267 KAW

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ORDER

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IT IS HEREBY ORDERED that all claims alleged in this lawsuit against the County be
dismissed and that the County be dismissed as a party from this case and each side is to bear
their own fees and costs.

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DATED: __________________ By: _________________________________
10/3/18
HON. KANDIS A. WESTMORE
United States Magistrate Judge

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Stipulation and [Proposed] Order Dismissing Defendant County of Contra Costa Case No. C18-00267 KAW

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